According to China s marriage law, cohabitation for more than a few years is a legal husband and wif

Recently, in the process of handling the case, a client has consulted me about the issue of how many years of cohabitation can be counted as a legal couple, and I will share it with you here today. Nowadays, more and more people are cohabiting together without registering their marriages, and various legal problems arising from cohabitation are also increasing. After years of experience, I personally believe that apart from the provisions of the law on de facto marriage, the length of cohabitation is not necessarily related to whether it is a legal couple.

Judicial Interpretation I of the Marriage Law stipulates that if a man and a woman have met the substantive requirements for marriage before the promulgation and implementation of the Marriage Registration Regulations of the Ministry of Civil Affairs on February 1, 1994, it shall be treated as a de facto marriage. The Marriage Law stipulates that a man and a woman who wish to marry must register their marriage in person at the marriage registration office, and if they meet the requirements of the Marriage Law, they shall be registered and a marriage certificate shall be issued. Obtaining a marriage certificate establishes the relationship between husband and wife.

Where marriage registration has not been completed, the marriage registration shall be supplemented. From the perspective of the law, in addition to the legally recognized de facto marriage, no matter how long they have lived together, they will not be counted as a legal husband and wife, and if they want to become a legal couple, they must go to the marriage registration department to go through the marriage registration formalities or make up the marriage registration procedures. Legal basis:

Interpretation of the Supreme People's Court on Several Issues Concerning the Application of the "Marriage Law of the People's Republic of China" (1) Article 5 of the Supreme People's Court Article 5 Where a man and a woman who have not completed marriage registration in accordance with Article 8 of the Marriage Law and live together in the name of husband and wife sue the people's court for divorce, they shall be treated differently: (1) Before the promulgation and implementation of the Regulations on the Administration of Marriage Registration of the Ministry of Civil Affairs on February 1, 1994, where both the man and the woman have met the substantive requirements for marriage, it shall be treated as a de facto marriage; (2) After the promulgation and implementation of the Ministry of Civil Affairs' "Regulations on the Administration of Marriage Registration" on February 1, 1994, if both the man and the woman meet the substantive requirements for marriage, the people's court shall inform them to apply for marriage registration before accepting the case; If the marriage registration is not completed, it shall be handled as the dissolution of the cohabitation relationship.

Those who have not completed marriage registration shall go to the marriage registration authority to complete the marriage registration formalities.

According to the Interpretation of the Supreme People's Court on Several Issues Concerning the Application of the Marriage Law of the People's Republic of China (Fa Shi 2001 No. 30):

Article 4: Where a man and a woman apply for marriage registration in accordance with the provisions of Article 8 of the Marriage Law, the validity of the marriage relationship shall be calculated from the time when both parties meet the substantive requirements for marriage as provided for in the Marriage Law.

Article 5: Where a man and a woman who have not completed marriage registration in accordance with article 8 of the Marriage Law and live together in the name of husband and wife, and file a lawsuit with the people's court for divorce, they shall be treated differently:

Before the promulgation and implementation of the Regulations on the Administration of Marriage Registration of the Ministry of Civil Affairs on February 1, 1994, where both the man and the woman had met the substantive requirements for marriage, it was to be handled as a de facto marriage;

After the promulgation and implementation of the Ministry of Civil Affairs' "Regulations on the Administration of Marriage Registration" on February 1, 1994, if both a man and a woman meet the substantive requirements for marriage, the people's court shall inform them to apply for marriage registration before accepting the case; If the marriage registration is not completed, it shall be handled as the dissolution of the cohabitation relationship.

Since the implementation of the Regulations on the Administration of Marriage Registration in 1993, there has been no such thing as a de facto marriage.

Cohabitation for three years. Even if they have lived together for 30 years, they are not legally married according to the current regulations.

However, if you have made legal registration in time during the period of cohabitation, you will be legally married.

With regard to marriage registration organs, in urban areas, the people's civil affairs departments of cities without districts, and in rural areas, they are county-level people's civil affairs departments or township (town) people.

After carefully examining the application of the parties, the registration authority shall approve the registration and issue a marriage certificate to those who meet the legal requirements for marriage; Otherwise, no registration will be granted. If the parties do not agree with the decision of the registration authority, they have the right to submit it to the competent authority at the next higher level for resolution.

How many years of cohabitation is considered a legal couple.

As long as there is no marriage certificate, it is not considered a legal husband and wife relationship recognized by law.

Prior to the promulgation and implementation of the Regulations on the Administration of Marriage Registration of the Ministry of Civil Affairs on February 1, 1994, a man and a woman living together as husband and wife met the substantive requirements of marriage, and were treated as de facto marriages.

After the promulgation and implementation of the Regulations on the Administration of Marriage Registration of the Ministry of Civil Affairs on February 1, 1994, a man and a woman living together in the name of husband and wife can only be regarded as cohabitation if they meet the substantive requirements of marriage.

Property during the period of cohabitation can be distributed.

Interpretation of the Supreme People's Court on Several Issues Concerning the Application of the "Marriage Law of the People's Republic of China" (2) Article 1: Where a party files a lawsuit requesting the dissolution of a cohabitation relationship, the people's court will not accept it. However, the cohabitation relationship requested by the parties to be dissolved falls under the category of "cohabitation of a spouse with another person" as provided for in articles 3, 32, and 46 of the Marriage Law, and the people's court shall accept it and dissolve it in accordance with law.

Where parties initiate litigation due to disputes over the division of property or child support during the period of cohabitation, the people's courts shall accept it.

It's definitely not legal, because you don't have a marriage certificate, and there are a lot of people living together now, and they don't have a marriage certificate. You're all of you, that's just the usual statistics ...

I don't understand why you're asking this kind of question, do you have property? Is it a split of how much money is on the phone, or why do you suddenly ask this kind of question? If you have a good relationship, go get it now.

The key is that it's not too late for you to get a marriage license now? What are you afraid of? Why not? Now you will be legally married after receiving it.

Hello, glad you had a question, you would like to know.

Cohabitation for more than three years.

According to the marriage law, it is not considered a legal husband and wife.

Now there is no such thing as a de facto marriage, as long as the marriage is not registered.

It is not considered a legal couple.

And you look at the phenomenon of boyfriends and girlfriends falling in love and living together is very common, if they are all legal couples, they are basically legal and have several couples, which is impossible.

If both parties hold a legal marriage certificate according to the provisions of the Marriage Law, even if they only live together for one night, they are still legally married. If you do not have a legal marriage certificate, even if the parties have lived together for one or two decades, they are still living together illegally and do not constitute a husband and wife relationship. Please refer to it!

China's marriage law does not recognize marriage now, let alone cohabitation for three years, even if you live together for a lifetime, without a marriage certificate, your marriage will not be protected by law.

After going to the Civil Affairs Bureau to go through the marriage formalities, they are legal husband and wife, and they are protected by the laws of the state.

Without a marriage certificate, cohabitation is not considered a legal couple, and there is no such thing as a de facto marriage.

To receive a marriage certificate, as an official husband and wife.

Legally counted as a de facto couple, that's the one who misses that certificate.

As long as you get married without a license, it is not recognized by the law, no matter what it is or what kind of behavior? None of them are recognized by law.

Living together for several years is not considered a legal couple. That is, if the marriage has not been registered, the marriage relationship shall not be established. However, if the cohabitation relationship between the parties arose before February 1, 1994, it can constitute a de facto marriage relationship and shall be regarded as a legal husband and wife relationship.

Legal basis:

Article 1049 of the Civil Code of the People's Republic of China.

A man and a woman who wish to marry shall apply for marriage registration in person at the marriage registration office. Where the provisions of this Law are met, they shall be registered and a marriage certificate shall be issued. The marriage registration is completed, that is, the marriage relationship is established in the spike key. Where marriage registration has not been completed, the registration shall be re-registered.

Article 7 of the Supreme People's Court's Interpretation (1) on the Application of the Civil Code of the People's Republic of China on Marriage and Family.

Where a man and a woman who have not registered their marriage in accordance with the provisions of Article 1049 of the Civil Code and live together in the name of husband and wife, and file a lawsuit for divorce, they shall be treated differently:

1) Before the promulgation and implementation of the Ministry of Civil Affairs' "Regulations on the Administration of Marriage Registration" on February 1, 1994, where both a man and a woman have met the substantive requirements for marriage, it shall be handled as a de facto marriage.

2) After the promulgation and implementation of the Ministry of Civil Affairs' "Regulations on the Administration of Marriage Registration" on February 1, 1994, if both the man and the woman meet the substantive requirements for marriage, the people's court shall inform them to reapply for marriage registration. Where marriage registration has not been completed, it is to be handled in accordance with article 3 of this interpretation.

Legal husband and wife do not follow the number of years of cohabitation, and it has nothing to do with the number of years of cohabitation, and becoming a legal husband and wife can only obtain a legal and effective marriage relationship by going through the registration procedures at the marriage registration office.

1. Does it have legal effect to hold a wedding without a marriage certificate?

Marriage registration is a legal and effective procedure for marriage, as long as the marriage registration formalities are completed and the marriage certificate is obtained, the marriage is established, and the husband and wife are legally protected by the law. If the marriage is not registered, even if both parties consider each other to be husband and wife, including the fact that the marriage has been held, the two have lived together, and the property is shared, these are not recognized by the law, and of course they cannot enjoy the protection of the relationship between husband and wife under the law.

2. Is living together after a divorce considered a fake divorce?

Living together after a divorce is not considered a false divorce, and the relationship between the original husband and wife no longer exists after the divorce formalities are completed by the man and the woman. Divorce judgments and divorce mediation documents obtained through court proceedings have the same effect. If you want to recognise the validity of your marriage, you must go through the marriage registration formalities and obtain a marriage certificate at the marriage registration authority in accordance with the provisions of the law.

Living together after divorce can only be regarded as a cohabitation relationship, and their marital relationship cannot be protected by law. If a court is requested to make a judgment in the future on issues of property and child support arising during the period of cohabitation, the court may make a judgment in accordance with the relevant provisions. However, if it is a request for the dissolution of the cohabitation relationship, the court will not accept it.

3. What are the formalities required to sign a matrimonial property agreement?

The following legal conditions must be met to enter into a matrimonial property agreement:

1. The marriage relationship is legal and valid. That is, the parties to the matrimonial property agreement must be legally husband and wife;

2. The parties' expression of intent must be true;

3. Do not violate the law and "public order and good customs";

4. The parties must have a legal marital relationship;

5. It should be in written form;

6. Other conditions.

Civil Code of the People's Republic of China

Article 1049:A man and a woman who wish to marry shall apply for marriage registration in person at the marriage registration office. Where the provisions of this Law are met, they shall be registered and a marriage certificate shall be issued. The marriage relationship is established after the marriage is registered. Where marriage registration has not been completed, the registration shall be re-registered.